10/09/2012 12:05 4252271007 ANM7 

JEFFREY HARF'ER 

FAA OFFICE Of REGIONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, WASHlNGTON 98057 

TELEPHONE: (425) 227-2161 

F ACSJMILE: ( 425) 227-1007 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

ln the Matter of: 

Leading Edge Aviation, Inc. 

FAA Case No. 2011NM070089 

DMS No.: FAA-2012-0783 

Honorable Richard C. Goodwin 

MOTION FOR 

CONFIDENTIAL ORDER 

PAGE el2/05· 

The Federal Aviation Administration (FAA), by counsel~ hereby requests the Administrative 

Law Judge enter a confidential order pursuant to 14 C.F.R § 12.220(g). Complainant is in 

possession of a. number of documents and information. responsive to Respondent's discovery 

requests that constitute confidential or sensitive material, or proprietary data. 

Summary of Facts 

Respondent has filed a number of discovery requests. In its Interrogatories, Respondent 

defines "identify" as meaning "when used in reference to a natural person shall mean to state 

his or her ... present (or, ifunkno'Wl:l, last known) home address. Ex.hibit 1. Respondent's 

Interrogatory No. 2 states: · 

Please identify all persons who possess any personal knowledge about the 

allegations in. the Complaint, including but not limited to the Aircraft's log 

book entries dated July 7, 2011 and describe the scope of each perso11's 

knowledge. 

Exhibit 1. 

Two of the individuals falling under the scope of that interrogatory, Walter Alexander and 

Brent Robinson, are former FAA employees who are now rctited. Only a home address is 

available for them. 
10/09/2012 12:05 4252271007 ANM7 PAGE 03/05 

Respond.ent has also filed broad Requests for Production. Exhibit 2. Complainant is in 

possession of a number of documents responsive to that request which consist of proprietary 

data, specifically, Supplemental Type Certificate SR00074DE and its supporting 

documentation, and various provisions of Bell Helicopter Textron Inc. (Bell) maintenance 

manuals. These materials are responsive to Responden.t's Interrogatories Nos. 5-11, and 

Request for Production No. 3, which ask for an accounting of all facts used to establish the 

regulatory violations at issue, and a production of all documents used in. answering an 

lnterrogatozy. Exhibits 1 and 2. 

Argument 

Rule 13 .220(g) provides that a party receiving "a discovery request for lnformation that is 

related to ... confidential or sensitive material ... [or] proprietary data ... may file a motion 

for a confidential order .... '' Rule 13.220(g)(3) sets forth procedures to be followed i.n the 

event the Administrative Law Judge detennines the requested material is necessary to decide 

the case. 

Complahlant acknowledges ~at fue interests of justice require providing Respondent the 

opportunity to communicate with Mr. Alexander and Mr. Robinson. However, hom.e 

addresses are the type of sensitive infonn.ation which are generally protected from public 

disclosure. See, e.g. 5 U .S.C. § 552a(b) (generally prohibiting disclosure of identifying 

information of an individual contained in a go"Vernment record., except under those condition.s 

specifically stated). 

Complainant al.)ticipates that Bell,s directions for the maintenatJ.ce of its helicopters rn.ay be 

material necessary to decide this case. This material~ however, is generally considered by 

Bell to be proprietary data wh.en used for any purpose other than helicopter operation or 

maintenance: 

Proprietary Rights Notice 

These data are· proprietary to Bell Helicopter T ex.tron Inc. Disclosure, 

reproduction~ or use of these data for any purpose other. than helicopter 

operation or. maintenance is forbidden without prior written authorization 

from Bell Helicopter Textron Inc. 

Exhibit 3. To date, Complainant has identifi.ed the following documents containing 

proprietary da:ta which are responsive to Respondent's requests: 

• BHT-ALL-SPM, 2~00"00, Revision 2 of 1.5 Feb 2007, Pages 5-6; 

• BHT-206Ll"MM·1, 66-10-00, Revision 24 of31 Oct 2008, Pages 17-18E/F; 

.. BHT"206Ll·MM-l) 66-40-00, Revision 24 of31 Oct 2008, Pages 62-63; 

• BHT-206Ll-MM~l, 66-60-00, Revi.sion 31 of8Apr20ll, Pages 72-73; and 

• BHT"206L3·MM-6, 63-00"00, Rev. 10 of20 Jul2009, Pages 18E/F and 18. 

Motion fot Confidential Order 

FAA v . .r~eading Edge, Jnc. 

FAA Case No . .2011NMD70089. DMS No. F AA-201 2·0783 

P~e2 of5 

.T. M. HAltl'ER, FAA A HORNEY 

TEL; (42.5) 227-2161; FAX: (425) 227-1007 
10/09/2012 12:05 4252271007 ANM7 

Complainant anticipates identizymg additional excerpts from Bell manuals as being 

responsive. 

PAGE 04/05 

Last, Complainant anticipates that Supplemental Type Certificate (STC) SR00074DE and its 

supporting documents~ owned by Paravion Technology~ Inc., may be necessary to decide this 

case. STCs are generally considered proprietary·com.mercial information; Federal. Aviation. 

Regulations prohibit their use without the pennission of the STCholder. See 14 C.F.R. 

§ 21.120 (requiring STC holders allowing others to use an STC to provi~e those persollS with 

written permission acceptable to the FAA) and 14 C.F.R. § 91.403(d) (prohibiting use of an 

STC to alter an aircraft without the written permission of the STC holder). 

Conclusion - Relief Sought 

As the STC, Bell maintenance manuals, and home addresses of two fonner FAA inspectors 

are in the category of infonnation described in Rule 13.220(g), they are entitled to the 

protections of a confidential order. Tb.e infoonati.on is relevant discovery, and may be 

necessary to the adjudication of this case. Thus, Complainant asks the Administrative Law 

Judge to enter a confidential order under 13.220(g)(3) and (4), providing that: 

• The· information. described will not be disclosed to the public (anyone other than the 

judge, the parties~ counsel of record, their employees, or 'Witnesses); 

• The information described will be used solely for the p:r.eparation·ofthis case; 

• Copies of the infonnation described be limited to those required for preparation of the 

case and are not recopied for any oth.er use. 

• Portions of the record containing the infonna.tion will be sealed 

• Require the filing of a ~T.itten Declaration by an.y person to whom the infonnation is 

disclosed that that person has read the confidential order and agrees to protect the 

information in accordance with its tenns. 

Exhibits 

1. Respondent's Interrogatories to the FAA. 

2. Respondent's Requests for Production to the FAA. 

3: Bell Helicopter BHT-20611-MM:·l~ Rev; 27 of25 Sep 2009 (Excerpt) 

4. Proposed Confidential Order 

Motion for Confidential Order 

F A.A. v. Leading Edge, Inc. 

FAA Case No. :Z011NM070089, DMS No. FAA·2012-0783 

Pa~e3 of5 

I. M. :Ei.MPF.R. F A.A. ATTORNEY 

TEL: (4:25) 227·2l61; FAJ<: (42S) 227-1007 
10/09/2012 12:05 4252271007 ANM7 

. Respectfully submitted this 9th day of October, 2012. 

J~~/h--_ FAA Attorney 

.TMHitk 

Motion for Confidemi:tl Order 

F' AA v. Leading Edge, T.nc. 

FAA Case No. 2011.NM070089, DMS No. FAA-2012·0783 P~.~.~;::c:: 4 of5 

J. M. HA!u'>E~. FAA ATTOR.Nll:y 

T.EJ .. ; (425) 2:.27-2161; FAX: (425) 227-1007 

PAGE 05/05 
10/09/2012 12:05 4252271007 ANM7 

I hereby certify that the foregoing Motion for Confidential Order has been served via 

facsimile and Certi:tled Moil- Return Receipt Requested this date, to the following: 

The Honorable ruchard C. Goodwin 

Office of Hearings. M-20 

CERTIFICATE OF SERVICE 

1200 New Jersey Avenue, S.E. (Ell-31 0) Washington, D.C. 20590 

TEL: (202) 366-2139 

FAX: (202) 366-7536 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur. Wright Building~ Suite 2WI 000 

Federal A 'riation Administration 

800 Independence Avenue SW 

Washington, D.c. 20591 

Fax: (202) 493-5142 

Fred C. Begy~ Esq. 

Chuhak & Tecson 

30 South Wacker Drive, Suite 2600 

Chicago, rr... 60606 

Tel: (312) 855-5442 

Fax:· (312) 444~9027 

Dated. this 9th day of October, 2012 . 

. Motion for Confidential Order 

F M v, Leading Edge! Inc, 

FAA Case No. 201 INM070089, Dlv.IS No. FAA.-2012-0783 Pa2c 5 of5 

J. M. HARPER, FAAA.rroRNEY 

TEL: (425) 227-2161; FAX: (425) 227-1007 

PAGE 06/06